06 Staff Report - Council Code of Conduct
· MEETING DATE: 5/3/04 ITEM NO. lo COUNCIL AGENDA REPORT DATE: MAY 3, 2004 FROM: SUBJECT: MAYOR AND TOWN COUNCIL DEBRA J. FIGONE, TOWN ADOPT A RESOLUTION
ESTABLISHING A COUNCIL CODE OF CONDUCT POLICY RECOMMENDATION: It is recommendedthat the Council adopt a resolution establishing a Council Code ofConduct Policy (Attachment 1). BACKGROUND:
At its January 2003 Council Retreat, the Council directed the Council Policy Committee to research and discuss policy issues related to Council conduct and communication. In June 2003,
the Committee presented the Council a proposed policy focus area and work plan which reflected exploring the concept of setting a framework for policy development through the establishment
ofCouncil roles, expectations, and!or protocols. The Council directed the Committee to develop a code of conduct policy. At the September 2003 Council Study Session, the Committee presented
a draft a code ofconduct policy for Council's review and discussion. At that time, the Council directed the Committee to make minor revisions and bring forward a revised policy for consideration
at a future agenda meeting. DISCUSSION: The proposed policy (Exhibit "A" to AttachmentNo.1) reflects several conduct and protocol related topics based on dire 'on given at the January
2003 Council Retreat and extensive discussions and N:\MGR\JHaruyamalStaffReportslcode of conduct policy.wpd PREPARED BY: p..J...ru,+-ljJ.AMA, ADMINISTRATNE ANALYST Reviewed by:
Assistant Town Manager Attorney __Clerk._----'Finance __Community Development Revised: 4/23/04 2:34 pm Reformatted: 7/14/99
PAGE2·· TOWN COUNCIL AGENDA REPORT SUBJECT: ADOPT A RESOLUTION ESTABLISHING A COUNCIL CODE OF CONDUCT POLICY May 3, 2004 research conducted by the Committee. The attached policy emphasizes
the following subject aJ."eas: • Town Council Roles, Responsibilities, and Relationships • Mayoral and Vice Mayoral Selection Process • Mayoral and Vice Mayoral Roles, Responsibilities,
and Relationships • Legal and EthicalStandards' • Council Conduct in Public Meetings • Legal Requirements • Town Council Conduct and ComnlUnication with, and Participation in all Boards,
Commissions, and Committees • Council Relationship with Staff • Council Conduct and Communication with the General Public • Representing an Official Town Position • Council Conduct with
the Media Both the 2003 Council Policy Committee and the 2004 Council Policy Committee have reviewed and commented on the proposed Code ofConduct policy. The 2004 Committee provided
minimal changes to the proposed policy and recommended that it be forwarded to the Council for consideration and approval. CONCLUSION: Based on direction given by Council at the September
2003 Study Session, the Council Policy Committee developed a draft code ofconductpolicywhich addresses issues related to Council roles, expectations, and protocols. The Committee recommends
that the Council adopt the attached establishing a Council Code of Conduct Policy. FISCAL IMPACT: It is anticipated that there will be no fiscal impact associated
with adopting a Council Code of Conduct Policy. Should Council direct the Committee to conduct further research and/or revise the proposed policy, existing staff within the Manager's
Office will provide the necessary policy development support. Attachments: Attachment No. 1: Resolution Establishing a Council Code ofConduct Policy (policy is Exhibit "A" to the Resolution)
RESOLUTION NO. RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ESTABLISHING A COUNCIL CODE OF CONDUCT POLICY WHEREAS, at the January 11,2003 Los Gatos Town Council Retreat, the
Council directed the Council Policy Committee to research and discuss policy issues related to Council leadership, communication, and relationships; and WHEREAS, on June 16, 2003 the
Council Policy Committee presented the Council with a proposed policy focus area and work plan which involved exploring the concept of setting a framework for policy development through
the establishment. of Council roles, expectations, and protocols; and WHEREAS, at the September 18, 2003 Town Council Study Session, the Council Policy Committee presented the Council
with a draft Code ofConduct Policy for review and discussion. THEREFORE BE IT RESOLVED, by the Town CoUncil ofthe Town ofLos Gatos, County of Santa Clara, State of California does hereby
establish a Council Code of Conduct Policy (Exhibit "A"). PASSED AND ADOPTED at a__meeting ofthe Town Council ofthe Town of Los Gatos, California, held on the . day of , 2004 by the
following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED:MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK. OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA
ATTACHMENT 1
------------------------ExhibitA Town of Los Gatos .Town Council Code of Conduct Policy I. Preamble Public trust and mutual respect are essential for effective political leadership and
efficient governance. Democratic governance requires that decision makers be fair, independent, impartial, and accountable. Based on these values, the Los Gatos Town Council has adopted
a Code of Conduct Policy that establishes guiding principles for appropriate conduct and behavior and sets forth the expectations of Council Members. The provisions of this policy reflect
a commitment by Council Members to the people they serve and to each other, and more importantly, a desire to seek what is good for the community. II. Form of Government The Town of
Los Gatos operates under a Council-Manager form of government as prescribed by Town Code. Accordingly, members of the Council are elected at-large, provide legislative direction, set
Town policy, and ultimately answer to the public. The Town Manager serves as the Town's chief administrative officer and is responsible for directing the day-to-day operations of the
Town and implementing policy direction. This is referenced in Section 2.30.305 of the Town Code: "Neither the Town Council, nor any member thereof shall direct or request the appointment
of . any person to or removal of any person from office by the Town Manager or by any other appointing officer, or in any manner take part in the appointment ofremoval of an officer
or employee in the administrative service ofthe Town. Exceptfor the purpose ofinquiry, the Town Council and its members shall deal with the administrative services solely through the
Town Manager, and neither the Town Council nor any member thereofshall give orders to any Town Officers, other than the Town Attorney, either publicly or privately. " III. Town Council
Roles, Responsibilities, and Relationships A council is a collection of diverse individuals who come together to constitute and act as an entity, and only when operating as an entity
can they exercise authority and perform the fulfillment of their purpose. Working together as a council involves acknowledging and balancing the unique interests, expertise, and abilities
of individual council members, and accepting final decisions ofthe Council as the official Town position on such matters. Draft Council Code ofConduct Policy Page 1 of15
Exhibit A To achieve success, a council must clearly define and understand its roles, responsibilities, and relationships. The following outlines the key roles, responsibilities, and
relationships of the Los Gatos Town Council: Town Council Roles and Responsibilities The role of the Town Council is to act as a legislative and quasi-judicial body. Through its legislative
and policy authority, the Council is responsible for assessing and achieving the community's desire for its present and future and for establishing policy direction to achieve its desired
outcomes. All members of the Town Council, including those who serve as Mayor and Vice Mayor have equal votes. Town. Council Relationship to its Work. Each Other and the Public Members
of the Town Council fulfill their role and responsibilities through shared values that are reflected in the relationships they have with each other and the public.. Town Council Members
are committed to approaching their work, each other, and the public in a manner that reflects: • Ethical behavior and integrity • Honesty • Trust and respect for one another The commitment
of Town Council Members to their work, each other, and the public is also characterized by: • Innovation and creative problem solving • Future orientation and proactive efforts • Open
and constructive communication • Shared purpose IV. Mayoral and Vice Mayoral Selection Process The selection of the Mayor and Vice Mayor usually occurs annually at the second meeting
in November by majority vote of the Town Council. Section 2.20.035 of the Town Code establishes this provision. Draft Council Code ofConduct Policy Page 2 of15
Exhibit A Serving as Mayor and Vice Mayor is considered to be a privilege, not a right. The Mayor and Vice Mayor serve at the pleasure of the Town Council and may be replaced at any
time by a majority vote of the CounciL At the time of selection, any member of the Town Council may be nominated to serve as Mayor or Vice Mayor, Individuals who are elected to serve
as Mayor and Vice Mayor are chosen because their ability to fulfill the roles and responsibilities of these positions, establish a collegial working relationship with the Council, and
ultimately, serve the community. V. Mayoral and Vice Mayoral Roles, Responsibilities, and Relationships The following outlines some ofthe key roles, responsibilities, and relationships
as they relate to the position ofMayor and Vice Mayor: Mayor ." The Mayor is the presiding officer of the Town Council. In this capacity, the Mayor is responsible for developing Council
agendas in cooperation with the Town Manager and leading Council meetings. • The Mayor recommends various standing committee appointments to the Council for" approval. 1 When making
committee recommendations, the Mayor should attempt to balance shared responsibilities and opportunities among Council Members. • As the presiding officer ofthe Town Council, the Mayor
"is responsible for establishing a professional and respectful working relationship with the Council and public through cooperation and collaboration. This includes an obligation to
listen and consider issues, questions, and concerns of the public and Council Members as they relate to Council meetings and the agenda setting process. • The title of Mayor carries
with it the responsibility of communicating with the Town "Council, Town Manager, and members of the public. In this capacity, the Mayor serves' as the Town "spokesperson" representing
the Council in official and ceremonial occasions. • As the official Town spokesperson, the Mayor performs special duties consistent with the Mayoral office, including, but not limited
to: signing of documents on behalf of the Town, issuing proclamations, serving as the official voting delegate for various municipal advocacy groups, such as the League of California
Cities, and delivering the State of the Town Address.2 The Town Council win-determine any additional authority or duties that the Mayor shall perform. " I Council Agenda Fonnat and Rules
Policy 2 Council Commendation and Proclamation Policy Draft Council Code ofConduct Policy Page 3 of15
'Exhibit A • Special duties consistent of the Mayoral office may be delegated to the Vice Mayor or any other member ofthe Town Council. • The Mayor may establish a series of achievable
community goals during his/her year in office in collaboration with' the Town Council and in consultation with the Town Manager. These proposed goals are subject to evaluatIon using
criteria such as, but not limited to, their relationship to other Town priorities, the capacity of the Town budget, availability of staff, and other necessary resources required for
implementation. Implementation of such goals, however, would require formal Council approval. • In the event that a Council Member acts contrary to approved Council policies, the Mayor
shall counsel the Council Member about the rules set forth in the Council Code of Conduct policy or other applicable Council policies. • In the event that one or more members ofa Town
Board, Commission, or Committee acts in a manner contrary to approved Board/Commission policies and procedures, the Mayor may counsel those members· about the rules set forth in the
Town Commissioner Handbook.3 Vice Mayor • In the Mayor's absence, the Vice Mayor shall perform the formal duties of the Mayor as noted elsewhere in this document.4 • When the Vice Mayor
perfortns the duties of the Mayor in his/her absence, the Vice Mayor also carries the responsibility of communicating with the Town Manager, Town Council, and members of the public.
This responsibility includes establishing a professional and respectful working relationship with the Council, Town Manager and public through cooperation and collaboration • In the
event that the Mayor acts contrary to approved Council policies, the Vice Mayor shall counsel the Mayor about the rules set forth in the Council Code of Conduct policy or other applicable
Council policies. 3 Resolution 1999-167 4 Council Agenda'Fonnat and Rules Policy Draft Cauncil Code ofConduct Policy Page 4 of15
Exhibit A VII. Legal and Ethical Standards Understanding that the Council's primary concern. is the public interest, Council Members should work. for the common good, rather than for
private or personal interests. Council Members must serve as a model of leadership and civility to the community and treat all members of the public, each other, and the issues before
them with respect to ensure open and effective government. Council Conduct in Public Meetings To ensure the highest standards of respect and integrity during public meetings, Council
.Members should: • Use formal titles. The Council should refer to one another formally during Council meetings such as Mayor, Vice Mayor or Council Member or Mr., Mrs., or Ms., followed
by the individual's last name. . • Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas
and information are legitimate elements. of free democracy in action. During public discussions, Council Members should be respectful of others and diverse opinions, practice objectivity,
and allow for the debate of issues. This does not allow, however, Council Members to make abusive, slanderous, and personal comments, and/or physical actions that could be construed
as threatening. • Honor the role of the presiding officer in maintaining order and equity. Respect the Mayor/Chair's efforts to focus discussion on current agenda items. Objections to
the Mayor/Chair's actions should be voiced politely and with reason, following the procedures outlined in the Town Council Agenda Format and Rules Policy. • Demonstrate effective problem-solving
approaches. Council Members have a public stage to show how individuals with disparate points of view can fmd commOn ground and seek compromise that benefits the community as a whole.
Council Members are role models for residents, business people, and other stakeholders involved in public debate. • Base decisions on the best available information. Decisions should
be made objectively and based upon the merits and substance of the matter at hand, not through established coalitions or well-defined voting blocks. Judgment of decisions should be reserved
until all applicable information has been presented. • Be prepared and knowledgeable. To effectively lead and inform the public, Council Members should be prepared and informed about
issues on the agenda. Draft Council Code a/Conduct Policy Page 5 0/15
Exhibit A • Be respectful of other people's time. Council Members should stay focused, listen attentively, and act efficiently during public meetings. During public testimony, Council
Members should refrain from speaker In dialogue. However, for purposes of clarification, Council may ask the speaker questions. Council comment and discussion should
commence upon the conclusion of all public testimony. • Treat others as you would like to be treated To maintain effective interpersonal relationships, Council Members should treat others
the way they would expect to be treated. Council Members should be professional in all situations and circumstances, conducting themselves in a consistent, confident, competent, and
productive manner. Implementation ofLegal and Ethical Standards Legal and ethical standards will be included in the regular orientations for Town Council Candidates and newly elected
Council Members. Newly elected Council Members should sign a statement affirming they have read and understand the Town of Los Gatos Council Code of Conduct Policy. The Council will
endeavor to annually affmn its understanding and commitment to the Code of Conduct policy. VIll. Legal Requirements The Town Council operates under a series of laws that regulate its.
operations as well as the conduct of its members. The Town Attorney-serves as the Town's legal officer and is available to advise the Council on these matters. Members ofthe Town Council
recognize the importance offolloWing the law so as not to compromise the effort to achieve the goals ofthe community. Open Meeting Rules The Ralph M Brown Act. • Requires that meetings
of the Town Council be open and public. "Meetings" occur whenever three or more members of the Council hear, discuss, or deliberate on any matter that is relevant to the Town. This includes
discussions that occur face to face, serially, through third parties, or through written, telephonic, or e-mail communications. • Requires that the agenda for meetings be posted in advance
and ··that discussions and actions be limited to Items appearing on the posted agenda. • Allows closed session discussions and actions in limited circumstances, including pending or
anticipated litigation, property acquisition, labor negotiations or the appointment or evaluation ofcertain personnel. Draft Council Code ofConduct Policy Page 6 of15
Exhibit A • Requires that infonnation provided for closed sessions and the discussions that occur therein remain confidential and can be revealed only with the approval of the Town Council.
Conflicts of Interest Existing T0Y1!n Conflict ofInterest Policy. • Members of the Council are prohibited from being appointed to the board of dire<:;tors of nonprofit organizations
receiving funds or in-kind contributions from the Town.5 This applies to all "legislative bodies," which are defmed to include a private corporation or entity, including a nonprofit
organization that was either created by the Town, or is governed by a board ofdirectors to which Council has appointed one ofits members. The Political Reform Act. The Act controls conflicts
ofinterests through disclosure offmancial interests and prohibition in participating in decision makfug • Members ofthe Town Council are prohibited from making, participating in or in
any way attempting to use their official position to influence a governmental decision in which they know or have reason to know they have a fmancial interest. Financial interests can
arise out ofproperty ownership, business investment, leadership in a business entity, and receipt ofincome and gifts. Nevertheless, under certain circumstances, Council Members with
conflicts may be allowed to participate in decision making if their economic interest is affected in a substantially similar manner as a significant segment ofthe public or if their
participation is legally required in order for an action or decision to be completed. • Members ofthe Town Council are prohibited from accepting gifts from a single source in any calendar
year in excess of $340 dollars, adjusted biennially by the Fair Political Practices Commission (FPPC) to reflect changes in the Consumer Price Index. The Town Attorney notifies the Council
of that amount at the beginning of each calendar year and upon request. Council Members can also obtain this infonnation directly from the FPPC. There are several exceptions, including
gifts from a spouse, or from a child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin or the
spouse of any such person, infonnation material, gifts that are returned or donated to a charity within 30 days without being claimed for a tax deduction, campaign contributions, inheritances
and hospitality at a private residence. 5 Council Public Access to Council Decision Making Policy and Council Appointments and Memberships Policy Draft Council Code ofConduct Policy
Page 7 of15
DRAFT • Members of the Town Council are prohibited from receiving loans from public officials, employees, vendors and consultants. . • Mass mailings of over two hundred or more identical
pieces of mail sent at public expense may not contain the name or pictures of elected officials except as part of a standard letterhead. Government Code Section 1090. Section 1090 prohibits
"self dealing," which can occur if members of the·Town Council have a fmancial interest in contracts made by them or by the Council. While existing contracts are not prohibited, members
of the Town Council cannot in any way participate in making contracts in which they have either a direct or indirect financial interest. Serious criminal penalties can result from violations
of section 1090. The maxil11lim penalty for a willful violation is a felony with a maximum fine of $1,000 or . imprisonment in state prison and a permanent disqualification from holding
any public office in the state. Incompatible Offices. A public officer who is appointed or elected to another public office and enters the duties ofthe second office automatically vacates
the first office if the two are incompatible. Offices aTe incompatible if any significant clash of duties exists between the two offices, if public policy suggests it would be improper
to hold the dual offices, or if either office exercises power over the other. Bias. Due process requires that decision makers in certain situations, such as public hearings in land use
matters, be fair and impartial. A personal, interest or involvement in the outcome of a matter or With 'any participants which is unrelated to the factors upon which an application may
be judged requires disqualification. This rule does not preclude holding opinions, philosophies or strong feelings about issues or specific projects so long as the decision maker retains
an open mind in considering the evidence. Redevelopment Conflicts. The Council, as officers of the Redevelopment Agency, are generally prohibited from acquiring any interest in property·
included within the redevelopment project area. Property can, however, be acquired for personal residential use so long as the redevelopment agency certifies that it will not make or
otherwise arrange for any improvements to the property. IX. Council Conduct and Communication with, and Participation in, all Boards, Commissions, and Committees There are several corrui:1ittees
that Town Council Members have been appomted to or have an interest in, including but not limited to: Town Council standing and ad hoc committees, Town boards and commissions, regional
boards and commissions, and communitygenerated committees. Draft Council Code ofConduct Policy Page 8 of15
----------_.-------DRAFT Included in these committees assignment are Council liaisons. A Council liaison is an assignment by the Council of one or more Council Members to an ad-hoc effort
initiated by the Town or in which the Town is participating as a community partner. This assignment is distinguished from routine Los Gatos elected official appointments to regional
boards and committees and is accomplished through Council consensus. To avoid confusion and/or duplication of efforts, Council conduct and communication with and participation in these
types of committees are governed by the following guidelines and rules: Conduct • Town boards, commissions, and committees are advisory to the Council as a whole, not individual Council
Members. The Town Council appoints individuals to serve on boards, commissions, and committees. It is the responsibility of Council Members to follow policy established by the Council.
Council Members should not. feel they have the power or right to influence a board,commission, or committee member in any way. These appointments should not be used as a political "reward."
• Council Members should be respectful of diverse opinions. A primary role of boards, commissions, and committees is to represent many points of view and to provide advice based on a
full spectrum of concerns and perspectives. Council Members may have a closer working relationship with some individuals serving on boards, commissions, and committees, but must be fair
and respectful of all board, commission, and committee members and their opinions. • Keep political campaign support awayfrom public forums. Board, commission, and committee members
may provide verbal, financial or in-kind assistance to a Council Member, but not· in a public forum while conducting official Town duties. .Conversely, Council Members may provide verbal,
financial or in-kind assistance to board, commission, and committee members who are running for office, but not in an official forum in their capacity as· a Council Member. . Communication
• • Council Members should advise Chair and/or applicable Town Council representative if attending a board, commission, or committee meeting. Council Members may attend any board, commission,
or committee meeting, which are always open to any member of the public. However, if a Council Member wishes to attend the meeting of a committee to which he/she has not been appointed
to serve on by the Council, the Council Member, as a courtesy, should advise the Town representative, if any, as well as the respective committee chair, and should be mindful of the
influence of his/her presence. Unless otherwise directed by the Council, comments made by the Council Member should be made as an individual, not on behalf ofthe Town Council. Draft
Council Code olConduct Policy Page 9 0115
DRAFT • Council Members should not deliberate on, any Council action if they have specifically addressed a Town board or commission about that particular issue. If a Council Member attends
a Town board or commission meeting and wishes to address the board or commission on matters of interest to that individual Council Member, he/she should recuse himself/herself from deliberating
on any Council action related to the issue discussed. " • Statements made by Council representatives about the Town's official position should be based on current or past Council action.
When serving as a primary or alternate Council representative on a board, commission, or committee, statements made by Council Members regarding Town policy should reflect the majority
opinion ofthe Council, which is defined by current or past official Council action via Council vote or consensus. • Primary Council representatiVes, should update the Council about board,
commission, and committee activities. When serving as the primary Council representative on any board, commission, or committee, Council Members should periodically provide update reports
to the Council during the "Council Matters" opportunity on the Council meeting agenda. • Recommended actions of a Council, Committee should be reported to the Council. When serving on
Council committee, whether stan,djngoJ." all work undertaken by the committee must be directed by the Council and all recommended actions of a Council Committee shall be
reported to the Council. • The Mayor may counsel members of a Town Board and Commission about appropriate public meeting conduct related to the business ofthe Town., In the event that
one or more members of a Town Board, Commission, or Committee acts ina manner contrary to approved Board/Commission policies and procedures, the Mayor may counsel those members about,the
rules set forth in the Town' Commissioner Handbook ' Participation • Appointed primary Council representatives are responsible for attending and participating in applicable board, commission,
and committee meetings. If a Council Member has been appointed as the primary Council representative for a board, commission, or committee, that Council Member is responsible for attending
the regularly scheduled meetings. In the event that he or she is unable to attend, the primary representative should notify the chair, and the appointed
Council representative should attend in the place ofthe primary. Draft Council Code ofConduct Policy Page 10 of15
DRAFT • Appointed alternate Council representatives should familiarize themselves with the practices and procedures of the respective board, commission, or committee. If a Council Member
is appointed as an alternate Council representative to a board, commission, or committee, the alternate should initially attend one meeting to orient himself/herself tQ the board/commission/committee
's practices and procedures and to avoid confusion or duplication of efforts. Alternates are discouraged from regular attendance at board/commission/committee meetings when. the primary
Council representative is available to attend. x. Council Relationship with Town Staff . The Town Council respects the Council-Manager form of government. The Town Manager implements
the Council's vision, policies, and goals through the Town staff and is responsible for directing the day-to-day operations of the Town as outlined in Section 2.30.305 ofthe Town Code.
The Council values partnering and collaborating with the Town Manager and the Town Town organization to achieve the community's vision. The CouncilManager relationship is affected by
the expectations, styles, and personalities of the Council and Manager who are in place at the time. Despite the value of partnership and collaboration, these policies are intended to
establish boundaries and expectations based upon the role ofthe Town Manager as set forth by the Town Code and the Council-Manager form ofgovernment structure. As such, they transcend
individual personalities and agreed upon styles that might affect their implementation. Council Conduct and. Communications with ToWn Staff To enhance its working relationship with staff,
Council should be mindful ofthe support and resources needed to accomplish Council goals. When communicating and working with staff, Council should follow these guidelines: . • Council
Members should treat staffas professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with Council colleagues,
practice civility and decorum in all interactions with Town staff. • Council Members should respect the Council-Manager form of government. Routine questions of Town staff should be
directed to the Town Manager, Town Attorney, or the Manager's designee. Council Members should not set up meetings with department staff directly, but work through the Town Manager.
When in doubt about appropriate staff contact, Council Members should ask the Town Manager. Draft Council Code ofConduct Policy Page 11 of15
DRAFT • The Town Mflnager and staff are responsible tor implementing T()wn policy and/or Council action. The processing of Council policy and decisions takes place with the Town Manager·
and staff Council should not direct.policY/program administrative funbtions and implementation; rather it should provide policy guidance to the Town Manager. • Council Members should
attempt to communicate questions, corrections, and/or clarifications about reports requiring official action to staff prior to Council meetings. Early feedback will enable staff to address
Council questions and incorporate minor corrections or changes to a Council report, resulting in a more efficient Council meeting discussion. • Council Members should not direct the
Town Manager to initiate any action, change a course of action, or prepare any report without the approval of Council. The Town Manager's responsibility is to advise on resources available.
and required for a partIcular course of action as it relates to the direction ofthe majorIty ofthe Council. • Council Members should not attend department staffmeetings unless requested
by the Town Manager. • All Council Members should have the same information with which to make decisions. IIlformation requested by one Council Member will be shared with all members
ofthe Council. • Concerns related to the behavior or work ofa Town employee should be directed to the Town Manager. Council Members should not reprimand employees directly nor should
they communicate their concerns publicly. • Council Members should not solicit political campaign support from Town staff Although Town staff may, as private citizens with constitutional
rights, support political candidates, such activities must take place away from the workplace. XI. Council Conduct and Communication with the General Public A fundamental principle of
democracy is citizen access to elected officials. When meeting with constituents, Council Members should follow the following conduct and communication guidelines when addressing the
general public and specific interest groups: Draft Council Code ofConduct Policy Page 12 of15
DRAFT General Public • Council Members should respect the collaborative process of council decision making and the Council-Manager form ofgovernment. Council Members routinely meet with
constituents to hear community concerns, explain Council actions, provide opinions about a particular issue, and/or address service requests or inquiries. When meeting with members of
the community, Council Members should avoid making commitments that are inconsistent with prior Town Council action or existing policy or foreclose on decisions prior to hearing public
testimony. If Council Members desire the assistance of staff while meeting with constituents, they should request that assistance from the Town Manager. • Council Members should be mindful
of their influence when attending community meetings that are not organized by the Town. The presence of Council Members can sometimes create a perception of support for a particular
issue or an expectation that a specific action will be taken. • While Council Members may·take broadphilosophical positions on issues ofconcern to the Town, they should not commit to
a particular position prior to a public meeting. Council Members should not make public or private promises or commit to a specific position on current, pending, or future matters to
be heard the by the Council. In general, Council Members should not reach a decision on any agenda item prior to a scheduled public meeting. • Council Members should keep political campaign
support away from public forums. Council Members may provide verbal, financial, or in-kind assistance to persons running for office, but not in an official forum in their capacity as
Council Member. Council Members, however, are free to exercise their rights as individuals to express opinions regarding political issues, including candidate endorsements. Land Use
Applications • Information obtained outside of the public hearing process related to a matter pending before the Town Council must be revealed on the official public record When evaluating
the merits of a land use application, Council Members must do so objectively and impartially. If a Council Member meets with a land use applicant or visits a proposed development site
related to a matter pending before the Council and obtains information outside of the public hearing process, he or she must disclose that information on the official public record,
as well as any facts obtained in the meeting that could influence a Council Member's decision. The merits of an application can only be evaluated based on information included in the
public record. Draft Council Code ofConduct Policy Page 13 of15
DRAFT Procurement • Unless authorized by Council, Council Members should not become involved in administrative processes for acquiring goods and services. The procurement of goods and
services is governed by competitive selection processes. To preserve the integrity of this administrative process, Council Members shou.ld refrain from any involvement, unless· otherwise
directed by Council. Specific Council interests, however, can be referred to the Town Manager as appropriate. XII. Representing an Official Town Position In the event that individual
Council Members are asked to represent or express an official Town position, they should follow these guidelines: • Using the title ofCouncil Member when conducting official Town business.
Council Members may use their title when conducting official Town business, for infortnational purposes; or as an indication of background and expertise, carefully considering whether
they are exceeding or appearing to exceed their authority. • Representing an official Town position before a governmental agency. If a member of the Town Council appears before another
governmental agency organization to give a statement on an issue affecting the Town, the Council Member should indicate the majority opinion of the Council, which is defmed by current
or 'past official Council action via Council vote or consensus. • Sharing personal perspectives and opinions. Personal opinions and comments may be expressed only if the Council Member
clarifies that these statements do not reflect the official position of the Town Council. XIII. Council Conduct with the Media Council Members are frequently contacted by the media for
background information and quotes related to Town business and/or corrirrlunity issues. When addressing the media, Council Members should follow these guidelines: • Council Members should
be professional in aU situations and circumstances, conducting themselves in a respectjitl manner. When speaking with the media or writing .letters to the media, Council Members should
choose choose their words carefully to ensure that comments and statements are not taken out ofcontext. Draft Council Code ofConduct Policy Page 14 of15
DRAFT • Council Members ·should advise the entire Council in advance if they plan to submit a letter to the media. Early communication could help ·to alleviate potential misinterpretation
and prepare members of the Council for questions from the media. • Council Members should clarify whether they are speaking as an individual Council Member or representing the position
ofthe Town Council. If a Council Member is contacted by the media or initiates contact with the media, he/she should be clear about whether his/her comments. represent an official Town
position/policy or a personal viewpoint. • Council Members should coordinate with the Town Manager when addressing questions related to administrative functions or processes. To provide
aCCl,lfate information, Council Members should work with the Town Manager when making statements about administrative procedures and processes. • Council Members should conform to the
information policy governed by the Town Emergency/Disaster Preparedness Plan in the event of a a disaster or emergency. To avoid confusion and ensure the dissemination of factual information
during an emergency or disaster, requests· for information should be routed through the appropriately trained public information personnel as prescribed by the Town Emergency/Disaster
Preparedness Plan. The Town Manager serves as the Emergency Services Director during a disaster and is responsible for the response plan and the assignment of duties under that plan.
Draft Council Code ofConduct Policy Page 15 of15